SCPW-20-0000200 and SCPW-20-0000213

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

SCPW-20-0000200

OFFICE OF THE PUBLIC DEFENDER, Petitioner,

vs.

CLARE E. CONNORS, Attorney General of the State of Hawaiʻi; 

DONALD S. GUZMAN, Prosecuting Attorney, County of Maui; 

MITCHELL D. ROTH, Prosecuting Attorney, County of Hawaiʻi; 

JUSTIN F. KOLLAR, Prosecuting Attorney, County of Kauaʻi; 

DWIGHT K. NADAMOTO, Acting Prosecuting Attorney, City and County 

of Honolulu, Respondents.

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SCPW-20-0000213

STATE OF HAWAIʻI OFFICE OF THE PUBLIC DEFENDER, Petitioner,

vs.

DAVID Y. IGE, Governor, State of Hawaiʻi; NOLAN P. ESPINDA,

Director, State of Hawaiʻi Department of Public Safety;

EDMUND (FRED) K.B. HYUN, Chairperson, Hawaiʻi Paroling Authority,

Respondents.

ORIGINAL PROCEEDING

Electronically Filed

Supreme Court

SCPW-20-0000200

04-MAY-2020

03:49 PM
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FOURTH INTERIM ORDER

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

On April 30, 2020, in response to this court’s April 

24, 2020 Third Interim Order, Special Master Daniel R. Foley 

(“Special Master”) filed his Third Summary Report and 

Recommendations (“Third Interim Report”). The Third Interim 

Report provides an update on implementation of this court’s 

orders as well as other efforts, including updated population 

numbers. The Third Interim Report also attaches as exhibits a 

progress report of the Hawaiʻi Paroling Authority (“HPA”) (dated 

April 29, 2020), a letter to the Special Master from the 

Department of Public Safety (“DPS”) in response to an April 21, 

2020 letter of the Hawaiʻi Correctional Systems Oversight 

Commission (“Oversight Commission”) regarding DPS’s response to 

different levels of potential COVID-19 outbreak (dated April 28, 

2020), a letter from the Oversight Commission to DPS Director 

Nolan Espinda requesting information concerning the COVID-19 

plans for Saguaro Correctional Center (“Saguaro”) (dated April 

28, 2020), a letter from the Office of the Public Defender

apprising the Special Master of the efforts undertaken by the 

parties, the amici, and the many stakeholders to reduce the 

inmate population of Hawaiʻi’s correctional centers and 

facilities to design capacity and stating some concerns (dated 

April 29, 2020), and a letter from the Honolulu Department of 

the Prosecuting Attorney providing a status of the release of 

inmates and stating some concerns (dated April 29, 2020).

This court appreciates the efforts that have been 

undertaken by the Special Master, the parties, the amici, and 

the many stakeholders to work collaboratively to protect public 

health and public safety. This court also appreciates the 

efforts of the HPA to transition to audio-visual hearings using 
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remote technology and DPS’s assistance in facilitating 

telephonic attorney-client contact. 

Upon consideration of the Third Interim Report, 

including the exhibits, and the record,

IT IS HEREBY ORDERED that:

1. The Special Master shall continue to work with 

the parties, the amici, and the many stakeholders to 

expeditiously address the issues in this original proceeding in 

an effort to facilitate a collaborative resolution while 

protecting public health and public safety. Efforts shall 

continue to be undertaken to reduce the inmate population of 

correctional centers and facilities to design capacity. 

2. DPS shall continue to be cooperative and 

responsive to the requests for information from the Oversight 

Commission. No later than May 13, 2020, DPS shall provide a 

report to the Special Master and the parties regarding the 

current conditions at Oahu Community Correctional Center, 

Saguaro, and Halawa Correctional Facility as related to COVID19, including information on the number of COVID-19 tests 

administered to inmates and staff and the steps taken to prevent

and mitigate the spread of COVID-19 within these facilities. 

3. DPS has indicated that it is updating the 

individual facility Pandemic Response Plan to incorporate 

current guidance from the Centers for Disease Control and 

Prevention, and that the plans will be provided to the Oversight 

Commission soon. Every effort shall be taken to expeditiously 

update and provide the plans to the Oversight Commission. 

4. The HPA shall also consider its authority under 

Hawaiʻi Administrative Rule § 23-700-51(b), to release or 

discharge inmates on its own accord.

5. The Special Master may file reports or 

recommendations for orders to this court as he deems 
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appropriate, but another summary report with any recommendations 

shall be filed on May 15, 2020. In his discretion, the Special 

Master may file confidential documents under seal. 

6. This order does not limit the continued 

collaborative and ongoing efforts currently being undertaken to 

reduce the inmate populations and does not affect previous 

orders entered that, by their terms, remain in effect. 

7. This court reserves its authority to order other 

measures based on changed circumstances.

DATED: Honolulu, Hawaiʻi, May 4, 2020.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson